The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO).
It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as Digital Rights Management or DRM) that control access to copyrighted works and it also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998 by a unanimous vote in the U.S. Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of on-line services for copyright infringement by their users.
DMCA Title II, the Online Copyright Infringement Liability Limitation Act (“OCILLA”), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder’s agent. OCILLA also includes a counter-notification provision that offers OSPs a safe harbor from liability to their users, if the material upon notice from such users claiming that the material in question is not, in fact, infringing. OCILLA also provides for subpoenas to OSPs to provide their users’ identity.
Protection of our clients’ intellectual property rights is one of our foremost obligations. Whether you are an internet service provider, host, content producer, or website owner, copyright and trademark theft are rampant in the adult industry given technological advancements allowing electronic content to be misappropriated with ease. We aggressively pursue copyright and trademark infringement claims on behalf of traditional and new media clients. We also assist in perfecting your copyright and submitting applications for trademark protection with governmental entities. Additionally, our firm will vigorously defend any frivolous claim brought against you and utilize all of the defenses made available by the most recent laws.
Recent DMCA Articles
Adult Industry Attorney Corey D. Silverstein Announces European Summit Takeover
The European Summit (“TES”) is scheduled for September 13, 2019 – September 16, 2019 and it is now confirmed that for the second consecutive year, adult website attorney Corey D. Silverstein will be in attendance as a sponsor, speaker, and attendee. This year’s TES takes place at the Vienna House Diplomat Conference Hotel located at Evropska 15, Prague, Czech Republic and is being advertised as the conference “where affiliates, media buyers, advertisers & publishers meet”. TES anticipates that this year’s tradeshow will have 3,500 participants, 150 + exhibitors, and 100 + speakers from more than 80 countries. At this year’s TES Prague, adult attorney Corey D. Silverstein will be presenting and participating in various educational seminars created for the benefit of all attendees. The following is the speaking schedule web lawyer Corey D. Silverstein. Additionally, you can find the full TES schedule here. Legal for Newbies – Back to Basics…
Adult Industry Attorney Corey D. Silverstein Comments on DeepFake Backlash
On February 21, 2018, Variety.com writer Janko Roettgers authored an amazing article related to the recent outbreak of so-called “Deepfake Videos.” The article, entitled “Porn Producers Offer to Help Hollywood Take Down Deepfake Videos” became an instant splash and has been widely discussed on Variety.com, Twitter, and FaceBook. Premiere adult industry news source XBiz.com was also quick to comment on the story. Adult industry attorney Corey D. Silverstein told Variety that the deepfakes phenomenon is really nothing new to those who’ve followed porn’s backend through the years, and that there’s a workaround for the legal distribution of deepfakes. “It will be a battle,” said adult industry lawyer Corey D. Silverstein, but he argued that the battle could be won. “Fake celebrity porn has been around since the 1990s,” he said. He noted that in the past it used to be more of an issue of photoshopped stills as opposed to…
Adult Industry Attorney Corey D. Silverstein Comments on DeepFake Backlash
It’s been a pretty terrible week for supporters of “deepfakes” and technology like FakeApp. After PornHub, Discord and Gytcat banned the videos, Twitter and Reddit have also elected to ban the posting of deepfakes. This is not a surprising development given the massive backlash from celebrities and the media. Adult Industry Lawyer Corey D. Silverstein has been following the developments for quite some time and is pleased to see private businesses taking action before the government would have been pressured to enact swift and potentially overbroad legislation. Don’t think for a second that this is last we have seen of deepfakes; in fact, this is only the beginning. Deepfakes take existing video footage and employ a machine-learning algorithm through technology like FakeApp. The algorithm is able to take the face of a person and paste it onto another body. Celebrities including, Emma Watson, Arianna Grande, Katy Perry and Taylor Swift…
The Legal Checkup
Dentists typically recommend that a person’s teeth be cleaned every six months and that oral x-rays be taken at least once every year. Internists recommend that a person receive a physical examination annually. Pets visit the veterinarian for vaccinations and well-care appointments. Vehicles need oil changes and regular maintenance. Your personal and business legal affairs are no different and require regular “legal checkups.” Much like going to the dentist, the idea of meeting regularly with your attorney is probably not going to excite you; but now more than ever, periodic communication with your lawyer is essential. This is even more true for online and adult business operators. Unfortunately, far too many web entrepreneurs wait too long and ultimately reach out to their attorneys when trouble has already come their way. In many instances, the legal problems encountered could have been prevented had a “legal checkup” taken place. The law in…
Adult Business Attorney, Corey D. Silverstein – 2017 Phoenix Forum Speaking Schedule Announced
On February 12, 2017, the Law Offices of Corey D. Silverstein, P.C. announced that porn lawyer, Corey D. Silverstein would be attending this year’s Phoenix Forum. It is with great excitement to report that adult industry attorney, Corey D. Silverstein, has been invited to speak at the Phoenix Forum on multiple seminars/workshops. Here is a schedule of the seminars that adult industry lawyer, Corey D. Silverstein has accepted: Business 101 panel With extensive experience and backgrounds spanning the industry, esteemed panelists offer a glimpse into what it takes to own, operate, and optimize an adult online business in today’s diverse environment. Topics include legal issues, mobile strategies, effective billing, and payment services. When: Thursday March 23, 2017 – 12:00pm – 1:00pm Where: E – Classroom Sweets with Security panel With hackers making news each month, content, passwords and login information, credit card data, all the bits of information that reside…
Adult Business Lawyer, Corey D. Silverstein, Speaks About Understanding Laws & Regulations
Adult Business Lawyer, Corey D. Silverstein, Talks About Understanding The Laws & Regulations That Can Affect Your Bottom Line. This past January 16, 2017, adult business attorney, Corey D. Silverstein was invited to present at the 2017 Internext tradeshow in Las Vegas, Nevada. For those of you that missed this incredible educational opportunity, here is the video of the complete presentation. This is a great opportunity to hear from adult industry lawyer, Corey D. Silverstein himself, and his thoughts on some of the biggest developments in politics and the laws that affect the adult industry. As always we encourage you to contact adult industry attorney, Corey D. Silverstein by visiting our contact page.
The Proper DMCA Takedown Notification
On October 28, 1998, President Bill Clinton signed into law the Digital Millennium Copyright Act (the “DMCA”). Since becoming valid law, the DMCA has been controversial to say the least, with many demanding reform. For many in the adult industry, the DMCA has been helpful and beneficial in intellectual property protection while others in the adult industry feel that the DMCA provides too much protection and has allowed “content pirates” to abuse the DMCA for its own financial gains. The adult industry is no stranger to the DMCA. The exponential growth of “Tube” style websites over the past several years has led to an unquantifiable number of lawsuits, disputes, articles and controversies. There are enough articles from adult industry experts regarding the pros and cons of the DMCA and there are equally enough articles from adult industry experts regarding intellectual property protection. The purpose of this article is to examine…
